About Me

Name: Defend America
Email: guy.ratki@gmail.com Biography
Loading...

Create Your Own Blog Find Other Townhall Blogs

Comments

Archives

Forcing People to Buy Health Insurance is Not Like Forcing People to Buy Auto Insurance

An Unconstitutional Mandate    [Hans A. von Spakovsky]

When Nancy Pelosi was asked where the Constitution authorized Congress to order Americans to buy health insurance, she dismissed the question by saying, “Are you serious? Are you serious?” According to CNSNews, her press spokesman said that this authority comes from Congress’s “constitutional power to regulate interstate commerce.” However, as a new legal memorandum from Heritage points out, Speaker Pelosi is completely wrong: The individual insurance mandate is both unconstitutional and unprecedented (there is a two-page executive summary for anyone who does not have time to read the entire memorandum).

There is no question that the Supreme Court has upheld extensive regulation of economic activity through the Commerce Clause, but it has never upheld any requirement by Congress that an individual participate in economic activity. There is nothing in the Constitution that allows Congress to punish you if you don’t engage in commerce. Liberal law professors and editorial writers such as Erwin Chemerinsky of UC-Irvine and Ruth Marcus of the Washington Post try to gloss over this point, and won’t admit that the Supreme Court has never approved any such requirement.

http://corner.nationalreview.com/post/?q=NzhiYWYwMjYyODUyMDAxMmQyN2Q3MGI5ZmFmZDgzODY=
Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive